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KENNY ESTATE

No. 186.

10 Pa. D. & C. 2d 545 (1957)

Kenny Estate

Common Pleas Court of Philadelphia County, Pennsylvania.

April 26, 1957.

Attorney(s) appearing for the Case

John V. Doughten, for exceptant.

Schubert & Schubert, contra.

Before Klein, P. J., Bolger, Lefever, Saylor and Shoyer, JJ.

LEFEVER, J., April 26, 1957.

Testatrix, Mary C. Kenney (incorrectly designated in these proceedings as Mary C. Kenny), died in 1919, leaving a will, whereby she established a trust in the sum of $5,000. She directed that: "Said trustee . . . shall pay unto Thaddeus Durkin, the crippled son of Thomas Durkin. . . the entire income arising from said principal sum, during his lifetime." She provided further that trustee should "expend any part or all of said principal...

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